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Contractor Agreement Wisconsin Mechanical Solutions
DocuSign Envelope ID:D46EF9FE-4C9C-4DB8-82E0-5C4D63D4FC60 13951 City 41110y .J �v j/j17' • 3` � l of Oshkosh CONTRACTOR AGREEMENT: OSHKOSH SAFETY BUILDING VAV BOX REPLACEMENTS CITY OF OSHKOSH THIS AGREEMENT,made on the 15th day of JANUARY,2021,by and between the CITY OF OSHKOSH, party of the first part,hereinafter referred to as CITY, and WISCONSIN MECHANICAL SOLUTIONS, 1045 INDIANHEAD DRIVE,MOSINEE,WI,54455,hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement,in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim,or if not attached, as if hereto attached: A. This Instrument B. Proposal Solicitation C. Contractor's Bid Proposal Form dated December 18,2020 and attached as Exhibit A. In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts,the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be • otherwise specifically stated. ARTICLE II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Kris Grell,Wisconsin Mechanical Solutions) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us DocuSign Envelope ID:D46EF9FE-4C9C-4DB8-82E0-5C4D63D4FC60 provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to arty proposed change. ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract (Jon Urben,General Services Manager) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled"OSHKOSH SAFETY BUILDING VAV BOX REPLACEMENTS" dated NOVEMBER 28,2020,and the contractor's bid form and materials attached as Exhibit A.If anything in the Bid Form conflicts with the Bid Specifications,the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish,at the Contractor's request,such information as is needed by the Contractor to aid in the progress of the project,providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than MARCH 15,2021 Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $108,885.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Fee schedules shall be firm for the duration of this Agreement. i. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed,the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s)for withholding payment. ii. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work DocuSign Envelope ID:D46EF9FE-4C9C-4DB8-82E0-5C4D63D4FC60 covered under the subject amendment. ARTICLE VIII. STANDARD PROVISIONS The CONSULTANT agrees in all hiring or employment made possible by or resulting from this agreement, there will not be any discrimination against any employee or applicant for employment because of race,color,religion,sex,sexual orientation, gender identity,or national origin. ARTICLE IX. CONTRACTOR TO HOLD C11'Y HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation,and shall indemnify or refund to the City all sums including court costs,attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty(30) days of the date of the City's written demand for indemnification or refund. ARTICLE X. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE XI. TERMINATION C. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement,the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory,usable work completed. D. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. DocuSign Envelope ID:D46EF9FE-4C9C-4DB8-82E0-5C4D63D4FC60 • • In the Presence of: CONTRACTOR/CONSULTANT • r—DocuSigned by: By: Cr,f y L-E40Ag1FD:A27445... (Seal of Contractor if a Corporation) (Specify Title) By: • (Specify Title) CITY OF OSHKOSH r—DocuSigned by: By. 3a5oI rnaaoaaaa I... Mark A.Rohloff, City Manager (Witness) r—DocuSigned by: And: •-51Af:7F611(171A9i (Witness) Pamela R.Ubrig,City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which DocuSigned by: will accrue under this contract. r—DocuSigned by: 121-CA3370E8108... / L /^l/ / City Attorney 1/4—.,C1-11324I b A4Ut...• City Comptroller • • DocuSign Envelope ID:D46EF9FE-4C9C-4DB8-82E0-5C4D63D4FC60 OSHKOSH SAFETY BUILDING VAV BOX REPLACEMENTS CITY OF OSHKOSH BID PROPOSAL FORM Page 1of2 From: Wisconsin Mechanical Solutions (bidder's company name) BID SUBMITTAL DEADLINE: DECEMBER 22,2020 0 11:00 A.M. Date: December 18, 2020 Addenda: Receipt of Addenda numbered I of , are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write"N/A"above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work,the rules,regulations,laws,codes,ordinances,and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor,Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners'satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid,each party thereto certifies as to its own organization,that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): TOTAL BASE BID: $ \0 B, e 8 5 0 C7o ohiuvoryiltd, us a.►4 i k4— u.4A rive , t, (Base Bid Price—in Words Warranty Details: (1)year from date of receipt or manufacturer warranty; whichever is longer SIGNATURES Date: 12/21/2020 Name of Company: Wisconsin Mechanical Solutions Submitted by: (name/title) Keith Grell Email: !co relk iwimechsolutions.com Address of Company: 1045 Indianhead Dr, Mosinee WI Phone: 715-650-1976 54455 27 DocuSign Envelope ID:D46EF9FE-4C9C-4DB8-82Eo-5C4D63D4FC6o o OSHKOSH SAFETY BUILDING VAV BOX REPLACEMENTS CITY OF OSHKOSH BID PROPOSAL FORM Page 2 of 2 Company Representative that will be named Project Manager for this project,if awarded the bid: Kris Grail Signature '{4, -4.6,.( /di Title Project Manager Company Representative authorized to sign contracts electronically via DocuSign: Name: Craig Solinsky Email: csolinsky@wimechsolutions.com That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal;that I have full authority to make such statements and submit this Proposal in(its)(their)behalf, and that said statements are true and correct. ' Signatur % Estimator Irnator/Project Manager i 28 DocuSign Envelope ID:D46EF9FE-4C9C-4DB8-82E0-5C4D63D4FC60"ATA • CONTRACTOR: Docu en - 1 OT"" 0 0 'dame, legal status and address) Bid Bond No. 0F00384 WISCONSIN MECHANICAL SOLUTIONS,INC. 1045 Indianhead Drive Mosinee,WI 54455 • SURETY: (Name,legal status and principal This document has Important legal place of business) consequences.Consultation with an attorney Is encouraged with Ohio Farmers Insurance Company respect to its completion or 1 Park Circle,P.O.Box 5001 modification. Westfield Center,OH 44251 OWNER: Any singular reference to (Name, legal status and address) Contractor,Surety,owner or other party shall be considered City of Oshlosh•Purchasing plural where applicable. Division 215 Church Ave Oshkosh,WI 54903 • BOND AMOUNT:Five Percent of the Bid Amount(5.00%of Bid Amount) PROJECT: (Name, location or address,and Project number, If any) Oshkosh Safety Building VAV Box Replacement The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein,The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1) enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise • acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued.in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. <<�00,01 11 "'ll•l,,, 01CA(So When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Projele y-'- provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and prca� ►totii.Q,?0 Rq • .p-. conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnishedttkirtt'ht is that this Bond shall be construed as a statutory bond and not as a common law bond, = O ; rn � ' SEAL :`_= Signed : • sealed; 2nd day of D_ember 2020 ,* n� ( rin• s • 1� TTTT; (Wit •III d.Hansen i (litle)connle Smith,Attar n-Fact. f' t .Al Docurnent A310m--2010.Co. Olt t 196 , 970 and 2010 by The American Institute of Architects,All rights reserved.WARN.Ryw This A.1/0' Document Is protected by U.S. Cop •ht Law an rnternationa,Treaties. Unauthorized reproduction or distribution of this AI '.firs. ument;'$r/ }.;,;_'4•.•: any portion of It,may result In severe lminal pena)ties,and will be prosecuted to the maximum extent possibir under ttie'law: • Purchasers are permitted to reproduce ten(IU)copies of this document when Completed. Jo report copyright violations of AlA allbact uodublents e•mall- -1 The American Institute of Architects'legal counsel,milyrightR4aia.ord, o�ixfo. l DocuSign Envelope ID:D46EF9FE-4C9C-4DB8-82E0-5C4D63D4FC60 TfIRPOWER OFATCORREY:DUPERCEDES All/PREVIOUS sPOWER BEARING THIS SAME . POWER#AND ISSUED PINOR.17012/13Plik POR ANY pERNON OR-PERSONS.NAMED BELOW - Oeneral . , .. , POWER NO. 460012 00 Power Westfield Insurance Co. : . Of Attorney -Westfield 'National Insurance Co. CERTIFIED COPY . Ohio. Parmersinotiraiitio-to. ,Wittileld ,Ohio ...:_.,.._. . ...... - ... . „ . . Know At i Nish by-These-Pn*sents, That VMOYFIELD INSURANCE COMPANY,-WESTFIEIO NATIONAL INSURANCE.COMPANY:Ind OHIO FARMERS INSURANCE:'....,..rwitIPANY,-,cOrPtiagerisi::hereinafter referred to IhdivIdifilly:-ae.0-loompahr::and:coilactiVely as VortiPattles,'! duly organized and Mikis rog under the laws Of the State of ONO,end Jawing Its prInCipel officeln•Wistileld Center,.Medina County,Ohio,do by these ... . presents Maike,•00ntitittite and appoint -rt.. '• • . - MICHAEL-it.001.10tAlaitH R11 M.IlyttNAD -. ci.liderOPHER M.IMP,RoBERT.DOWNEY,'CONNIE S.OW*,'WAY 'MONTS.ILJOt MOTU,40INTANOR . . Of H1.1000 ' end ..,.. . . - St al WI its true end IaWful AttorneY(e)-In-Fact,•wIth.fult power and authority hereby conferred16 Its Nan% • place end stead, to execute, acknowledge and deliver any add sit-bends;retegakanceS, undetliike*ter-other Instruments or Oetittlidelet .aunstiriblp. -- - 6 - •4 ii it •' : • ' - ; . . • - .'il •••••.• ow•• •• A. •.. • . . . • • • a• 6 . . * . ., . . .. . . .. • :I.... ,..,. ...:...".- 1111MThiarjiP1'00;ATORNEY7WM.P,.F"1 00 . ED TO EXECUTE NOTE '!DA•RA-N.YE-E, m•b• t• rOA0* DericiimOy, 10NIOO.t11 on nAtt:DEpootroee4oNnoL • - •and to bind any Of plevoinpanica-tbetaby at,toyarAto•thi.01.0t extent as if Ouch bonds.werieigned...0Y the President,seeledWIth:the corporate seal of the aPpileable•COmpany.and dulyettteded'Onte-Sedistry,.harebY retINInt end DOIlliktni-eil that the aeld Attorney(s)-ta-Fact may In the premises, ,SeldOPPoltithient-ii made. authoritytindertell of the tolithaingreisitutlohleOpteidOY-the•&Ord of Directors of each of- the •••WEVRELD INSURANCE-COMPANY, 114arrPIELD1f.A.:.. ktiONSORANCE COMPANY id tiNIC)._,M141.ERS INSURANCE COMPANY: PA*It Resdhied„:thet the•Prisslcientiteny.sem&','. - voi any Secretary or any.MOO*••,41ntinyty Operations Executive Or other PiectitIve shall be and Is hereby vested With hill Pewter And.akinititity to appoint any one or mere telltabfe'peristaileekAttorney(e)-Inactlo represent ended for and on behalf of the.:*, nipAriii•odi4O.4.10 tho.foroovtirovision4: • ••• • The Attetney-litF80.::kneybili given Tull power Anti authority for and In the Marne Of and on behelf•Of the Company,to execute,acknowledge and deliver,any and all berids,,:retOOMIXONOON contracts,agreements of Indemnity-end'otherPOrgilIfellal or ObIfgetory.undertakings end any and ail notices and documents-canceling or terminating the,coolpanya Debility theteunder,•randAtqy iiudi.:Instruments so executed by any such Attorney-In-Fact Shalt be iiebinding upon the Company as If signed by the-Preaidentandatiatad And intettod.by lto•Porporate-Seorstaz.; 'BoIt Further Resolved,that the signature 61.any•stick-designated person end the seal -thilPdfhpilny heretofore or hereafter efa to any power Of attorney or any certificate relaang:thereto 0,y•lateltriffe,'Iltliftny power of attorney or iterllfiCatti bearing facsimile signatures or facsimile seal Shall be valid Alo-einding upon the: Poga144.WItti respect to any bond or undertaking to VAIiibk Pa:aitathed:' -(Eit.h edOpted at e meeting held on February ft,2000),- ,.,..:..: .. 10.•WIthetta Whereof;WESTFIELD INSURANCE. 'DoMPANY;.WIZSTFItI,D NATIONAI.INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have Caused these presents to be by their Nattotsal-Matti Leader and Serder'F.tiebetiationd tneirtofoOrtite:Seata to hereto affixed Ifils•131h •d: of DECEMBER ::A.1:142019•. r . _... ...„., . 0„„0,,.„...„ ccopro• . ..oultolt. • 0:tot..4 ....,... ..ili.„ Wsittlx.iNpVRANpEcOMPANY ._ . . • .,siwr, I . iiii,i.: ..4.;... /..,p. . .4.5,Q:i, ..• .,...•,-,. ..-44-‘ iNgorrietiONATKAAVINSWIANOE- OPAPANY. • • . •-•, . •-, • • t, 4' )•* : •.-gEn• 4. 7_, . . _...._ AV. - • ...• . • •'. . -`Li SEAL- i '. •- 14-11•1•11214:1 • % - .,:--- .... cpm .PARMERA.inbU RANCE.cOmPANY . .. . . ... . .. . . .. . _ -. :... • a. . 3 int . 04/.%. :' • • •VV. • TM i ' .' '.. 1 ini • •-404.e I •'.ii- ._ . 'S _.,, . ./.04. . .4% -,4;::......0 N. \44.4141 , • .. ',),•N.., ..i'' ‘ ' 'f•coi6'. . •AQAAM4IS • ' -. ,•..•••• - 4.4 • 1.' .04' . .. • • ••-441 By; '--. .:::.• . • 4 • ',- State of Ohio • •- - . '4mm.......' sai‘loroi4" . . . .. . DennisDeluge-KEW*,National Surety 10E40 arid County of Medina as:. ' 'Senior Executive On this 13th day of DECEMBER Ap.,;(00 i eefere•ffie personally came.Dennis P. "-tosto.010..kilOWn,'Who,being by me duly sworn,did depose.and say,that tie resides In Webiter,Ohio;that he Is National Surety linidaff**1 Senior Executive of WESTFIELD INSURANCE. COMPANY,'WESTFO.DNATIONALlptsVRAftecompANy and bmlo FARMERS INSLINANcep.01RANY,the companies described In and whlth executed the Steve instriAbeht that he IONA the seals of said Companies;that the seals binged to said instrument are tuth corporate seals;that they were SO affixed!voter of the 1100$1,di Directors of said Companies;and that he signed name thereto by like order. . . .... NOIArlal :OW ..' At•-'•••• •'••4A,..._-4... • AlIxed : -k. #•••kt • '• e 4,-...„ ....,...... 0. • • _:":- ..... -:,-....".Ye. ••• . • it: ‘....zi • • :•ji• 'Oaltlel A.iconik,Attorney.at Law,Notary Public .., . Suite of Ohio ' i'x ) §k• - 0. • My Coinnitaialon toes Not Expire(Sod.147,03•Ohlo Revised Code) County of Medina as.; -. at \.2•Z•• '.1 . - . .,,..,i_ , ,,.,• ..;;..-• • I,Frank A.Cerrino,:teeratery of NiIIESTAELD COMPANY,INSLIRAN9e.,. NVESTFIELD NATIONAL INSURANCE COMPANY and ONICi FARMERS INSURANCE COMPANY,do hereby tertity:.ttakitheliboVe•And foregoing Is a true and correct copy or a Power of Atterhay, executed by said Companies,which Is still In full force and effect;and furthermofe ije...1se- ehrtIons of the Boards of Directors,set out In the Power of Attorney are In full force and effect. . • • in vileiess Ailleraot I have hereunto set my hand ArA,.. .. ,,....4,14 otsekd Companies et Westfield center, Ohio, this day of )\6j.•• ,...Ai . • :.. n..„„,,,,,,, :-.••:::::..:!•:.,...:77-;:•:7.:,.:4.,-.....-.,..: .. :,::..„. :-. -.'../ 1§3,114............ .!:1-.F.::. . ':.',:i,,i;, : '•,..;,77'.:;':. *i P • . •iV,.,,,g, ..'-'.'.. .T; . . -,.-7_,.:.1- lEllentir:• lc . -r . 1 - .-..f -0:::_...:-. 1 , ..• .. ,. ' •Vgifsii %• L't SEAL ) -' t_,1 .',...•"•-=' " - - - • ( 40:k.. : - .,-*... ,...76y,1-1-..7P-4:pT-rOittl':..---• :::.-11 Frank A.'CarrIno, Secretary ,*•... - . •• 71., ?.. „ye.::,; • -.-.;- 0....roi.4.•-.... • ...7 . • :,• • . ... i. 7 ..•• ' ----.:' ...."ihrtwiste ,,,.. fije.•;?1-Jiri 'i ( I . .• •••.•••... • •. „.... serritior.4.i.- ..r..g::;.,-zlig:•;:i. •- .:!• ..• ."............. • . •:•.•i'..,:.,5!-T.A.i.:•44; •FIROAC2(COrriblOeci)(t)642) ..,..5Efl••• •••:'•••:1••i.::1•;.:... . •:`Ii9 .... .. ::14'X'•111.".i.• •:- '....• •• .:.•.....r......... i •--...•••...-.. 1 t Bid Bond II#€ AIA Document A310 TM 2010 01 a 'Came, legal status and address) WISCONSIN MECHANICAL Bid Bond No. OF00364 SOLUTIONS, INC. 1045 Indianhead Drive Mosinee,WI 54455 SURETY: (Name, legal status and principal Thls document has important legal place of business) consequences.Consultation with an attorney Is encouraged with Ohio Farmers Insurance Company 1 Park Circle, P.O. Box 5001 respect to Its completion or OWNER: Westfield Center,OH 44251 modification. (Name, legal status and address) Any singular reference to Contractor,Surety,Owner or City of Oshlosh•Purchasing party shall be considered Division plural where applicable. 215 Church Ave Oshkosh,WI 54903 BOND AMOUNT:Five Percent of the Bid Amount(5,00%of Bid Amount) PROJECT: (Name, location or address, and Project number, if any) Oshkosh Safety Building VAV Box Replacement The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators, successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(I) enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor, ,,,,so,nUr,,, \\PNICAI S''% When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Pro ec cri provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and pray i ss Qs?0 Rq sG conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnishedg gt'e;intgnt is that this Bond shall be construed as a statutory bond and not as a common law bond. : o : • ' -Signed f sealedi 2nd day of D• ember 2020 SEAL OF :'"*',./11%6S' ' (Wan s %bah& hi F r r In uran m�► (Sure hi (Wltn •Ili J. Hansen (Titte)Connie Smith,Attor n-Fact • . AIA Document A310"^—2010.Co. ght©196 , 970 and 2010 by The American Institute of Architects.All rights reserved.WARNISIC.'This AIAe Document is protected by U.S. Cop .ht Law an. International Treaties. Unauthorized reproduction or distribution of this AIA1 Ciocument, kff any portion of it, may result in severe _ .a'iminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten(I0)copies or this document when completed.To report copyright violations of AIA Lontract uocuments;The American American Institute of Architects'legal counsel,copvriiohtnaia.org. .• o'tsm THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 12/13f19,FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4830912 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHiO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a -Company" and collectively as 'Companies, duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County,Ohio,do by these presents make,constitute and appoint MICHAEL J.DOUGLAS,CHRIS M.STEINAGEL,CHRISTOPHER M.KEMP, ROBERT DOWNEY,CONNIE S.SMITH,KORY MORTEL,ELIOT MOTU,JOINTLY OR SEVERALLY of HUDSON and State of WI its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name, • place and stead, to execute, acknowledge and deliver any and ail bonds, recognizances, undertakings, or other Instruments or contracts of suretyship- LIMiTATION: This POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact may be given full power and authority for and In the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances,contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8,2000), In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 13th day of DECEMBER A.D.,2019 . Corporate �ste `�,avn.sp�s ,.•'P-c�c7;i„�t,,y•.,, �,. "' "`• ,• WESTFIELD INSURANCE COMPANY Affixed �O,r'"'�y•�•4�''� <:••'' ''.d' : ,,c' �SI WESTFIELD NATIONAL INSURANCE COMPANY gm ��` `�V ;,L ' - �` '� OHIO FARMERS INSURANCE COMPANY N; SEAL ; Itk'jr., ri„ ,4 :�% ;'p?ri 3•..1aa48 ,%�f r�✓ vv�rt J ,i dd p : s ? Ki,r: r P State of Ohio "" ,„...."'.•�, �~" "."• "'"�. Sy: P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 13th day of DECEMBER A.D.,2019 ,before me personally came Dennis P. Baus to me known,who,being by me duly sworn,did depose and say, that he resides In Wooster, Ohio; that he Is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described In and which executed the above Instrument,that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial y,..+.l.o„ seat + �1AL Affixed z° . .11j A .•-1 7 eazzigid/adeo. ' State of Ohio dti ,gllr . David A. Kotnik,Attorney at Law, Notary Public Da My Commission Does Not Expire (Sec.147.03 Ohio Revised Code) County of Medina ss.: Y'\ :` +.4C of O I,Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies,which Is still in full force and effect;and furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect / In Witness Whereof, I have hereunto set my hand stnd-Affixed`the deals of said Companies at Westfield Center, Ohio, this V day of \ le, ..... ,,,,;), l'..9...0 -.1% „it '•• -. - v c u SEAL •m: ?w i x:,L ,t, .. a / �� „A /9 Sccrrtary �r' '°P` N. "y2. �.o' �.1$48 •'.�. Frank A, Carrino, Secretary *y, •�.' BPOAC2(combined)(06-02) Bond No. 032972C 1/4 ` TM Document DocumentA312TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place WISCONSIN MECHANICAL SOLUTIONS,INC. of business) 1045 Indianhead Drive Ohio Farmers Insurance Company This document has important legal Mosinee,WI 54455 1 Park Circle,P.O.Box 5001 consequences.Consultation with OWNER: Westfield Center,OH 44251 an attorney is encouraged with respect to its completion or (Name, legal status and address) City Of Oshkosh modification. Any singular reference to 215 Church Ave Contractor,Surety,Owner or Oshkosh,WI 54903 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: 1/15/2021 AIA Document A312-2010 combines two separate bonds,a Amount: $108,885.00 Performance Bond and a Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) Oshkosh Safety Building VAV Box Replacements BOND Date: 2/02/2021 (Not earlier than Construction Contract Date) Amount: $108,885.00 Modifications to this Bond: O None 0 See Section 16 CONTRACTOR AS I IPAL SURETY Company: (Cor rate Seal) Company: (Corporate Seal) WISCONSIN E Aj>147AL TIONS, INC. O o armers Insurance Compan%f- Signatur . Signature: Name aq cit- Connie Smith,Attorney-in-fact and Title: 5l pr�j Title: - (Any addition rg�in Lures app don the last page of this Performance Bond.) (FOR INFORMATION ONLY Name, address and telephone) ,,��............... AGENT or BROKER: OWNER'S REPRESENTATIVE: .•• LNANICAt S' J. Ryan Bonding, Inc. (Architect, Engineer or other party:) 0•�4, 2920 Enloe St., Ste 103 McMahon Associates,Inc. =`_ P 0 R (� P.O. Box 465 •:` 9 '. 0 1445 McMahon Dr ; 2 , Hudson, WI 54016 : 0 ""'• 800-535-0006 Neenah,WI 54956 •. SEAL ,I)2 ` ♦,y,,,Iu,Y►W,, Init. AIA Document A312''—2010.The American Institute of Architects. 061.110 1 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors, administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Document A312TM—2010.The American Institute of Architects. 2 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding, legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material tenns of the Construction Contract. §14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A312,"—2010.The American Institute of Architects. 3 §16 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. Init AIA Document A312TM—2010.The American Institute of Architects. 4 Bond No. 032972C Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place WISCONSIN MECHANICAL SOLUTIONS,INC.of business) 1045 Indianhead Drive Ohio Farmers Insurance Company This document has important legal Mosinee,WI 54455 1 Park Circle, P.O.Box 5001 consequences.Consultation with OWNER: Westfield Center,OH 44251 an attorney is encouraged with (Name, legal status and address) modest to its completion or modification. City Of Oshkosh Any singular reference to 215 Church Ave Contractor,Surety,Owner or Oshkosh,WI 54903 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: 1/15/2021 AIA Document A312-2010 combines two separate bonds,a Performance Bond and a Amount: $108,885.00 Payment Bond,into one form. Description: This is not a single combined (Name and location) Performance and Payment Bond. Oshkosh Safety Building VAV Box Replacements BOND Date: 2/02/2021 (Not earlier than Construction Contract Date) Amount: $108,885.00 Modifications to this Bond: LE)None O See Section 18 CONTRACTOR r P CIPAL SURETY Company: (C,po-.te Sell) Company: (Corporate Seal) WISCONSI EC A IV 5•I T •NS,INC O rmers Insurance Company Signa e: / Signature: Nam Connie Smith,Attorney-in-fact and ' le' , �p ( mood hd Title: (Any adds Iona ki natures app a rih the last page of this Payment Bond) (FOR INFORMATION ONLY—Name, address and telephone) o°' motoph NNICAL AGENT or BROKER: OWNER'S REPRESENTATIVE: ,``���... So,k. J. Ryan Bonding, Inc. (Architect, Engineer or other party:) �`$ , 1,4404 ekp a `a 1� 2920 Enloe St. Ste 103 McMahon Associates,Inc. r4 �' 0 'f�ttt P.O. Box 465 F. ; ` �•am � 1445 McMahon Dr Hudson, WI 54016 t� ' SEAL B00-535-0006 Neenah,WI 54956 N ,� 41 • Init. AIA Document A3127"—2010.The American Institute of Architects. 061110 5 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim,demand, lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. Init. AIA Document A312T"—2010.The American Institute of Architects. 6 1 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(I)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312T"—2010.The American Institute of Architects. 7 • §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor, §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AMA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. MA Document A312T"-2010.The American Institute of Architects. init. 8 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 12/09/20, FOR ANY PERSON OR PERSONS NAM''cD BELOW. General POWER NO. 4830912 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio,and having its principal office in Westfield Center, Medina County,Ohio, do by these presents make,constitute and appoint MICHAEL J.DOUGLAS,CHRIS M.STEINAGEL,CHRISTOPHER M.KEMP, ROBERT DOWNEY,CONNIE SMITH,KORY MORTEL, ELIOT MOTU,JOINTLY OR SEVERALLY of HUDSON and State of WI its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8,2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 09th day of DECEMBER A.D.,2020 . •"" ""•� ",,,111,1 "" WESTFIELD INSURANCE COMPANY Corporate iVRA „,,� • ,o.,.00.NAt.r'' 1M ,�•. Seals ,P�.a•••••• .C`' ;•'a?:•••'" '••:tsG:, +•" WESTFIELD NATIONAL INSURANCE COMPANY Affixed ar/ •'ep 'o1 •.�'- �; ' OHIO FARMERS INSURANCE COMPANY rti 3E.M.,) N', SEAL ; c m t.o: •n_ ofState Ohio By CountyGary W. tumper,Nationa�'Surety Leader and off Medina ss.: Senior Executive On this 09th day of DECEMBER A.D.,2020 , before me personally came Gary W. Stumper to me known,who, being by me duly sworn, did depose and say, that he resides in Hartford, CT;that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial „x•„^'w,w, Seal ,••`��I A L S�. Affixed O �;��r �fr„jr- . •-t7 Cji.""14P/61. 4 o David A. Kotnik, Attorney at Law, Notary Public State of Ohio �+ J o County of Medina ss.: :y r,r. , My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) Te0FO`' I, Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of A torney are in full force and effect. �JV, ! Wi ess Whereo, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of C z A.D., > <1 ,) J WNIIWIM, ' „1,11 N•M.1/1/IIIIII see VV.:- 3•ZitalarEREiV e4;..-:-r. A /9 evtLim.c) 0'7 b JC.AL.it N SEAL •'• {+-y,• 3 _ Secret k �' ;u'• •n- z % 1848 'Z: a ' �4 `., =�'' 'o' '•'•• •�'4 ; Frank A. Carrino, Secretary BPOAC2 (combined) (06-02)